ORLANDO, Fla. -- The confession of a man charged with kidnapping, raping and killing 9-year-old Jessica Lunsford isn't admissible in court, but the discovery of her body can be used as evidence, a judge ruled Friday.

John Evander Couey, a 47-year-old convicted sex offender, gave the confession to detectives, but also told them that he wanted to consult a lawyer. He wasn't given the opportunity to do so.

"This is a material and a profound violation of one of the most bedrock principles of criminal law," Circuit Judge Ric Howard said in issuing the ruling Friday.

Jessica was found kneeling and clutching a stuffed animal, hands tied with speaker wire and fingers poking through the garbage bags in which she was buried alive in February 2005. Two days earlier, Couey told detectives he had kidnapped, raped and killed the girl, and he told them where to find the body.

Prosecutors are seeking the death penalty for Couey, who has pleaded not guilty to charges of premeditated murder, burglary, kidnapping and sexual battery. Jury selection for his trial is expected to start July 10.

Couey and Jessica both lived in the Homosassa area. After Jessica disappeared, Couey fled the area as the search for the missing girl zeroed in on registered sex offenders in the area.

He was arrested in Georgia on an unrelated Florida warrant, and gave the confession in an Augusta, Ga., sheriff's office to two detectives who traveled from Florida to interview him.

On the taped interview, parts of which were played in court, Couey spoke freely with the detectives about his criminal past, use of crack and relationship with his family. When the topic crept closer to Lunsford, however, Couey repeatedly mentioned wanting a lawyer.

Detectives Scott Grace and Gary Atchison have testified that Couey's mention of a lawyer came directly after Grace mentioned a polygraph test. They weren't sure if he wanted a lawyer immediately or for a later polygraph test, so they kept questioning after Couey said he would talk about "some things," Atchison testified.

Defense attorney Dan Lewan has portrayed the detectives as overzealous and unconcerned about Couey's constitutional rights. When his client asked for an attorney, Lewan argued, the detectives spoke over him in a confusing interlude before simply dropping the issue.

Lewan also asked the discovery of Jessica's body be inadmissible in court because Couey told authorities where to find her.

Prosecutor Ric Ridgway has said investigators would have found Jessica's body anyway.

A consent search at the mobile home where Couey was living turned up a bloody mattress which tested positive for Jessica's DNA the day they began excavating at the mobile home following the confession. Further, disturbed ground near a shovel in the yard was suspicious enough to investigate after officers had already singled Couey out as a person of interest, Ridgway said.

Couey confessed to taking her from her house to the mobile home he was living in about 150 yards away, sexually assaulting and then burying the girl. Jessica had been missing for nearly a month after investigators found her body in the yard.

The case sparked new laws that dramatically stiffened penalties for some sex offenders who target children, requiring lifetime electronic monitoring for others.

Thank goodness the judge allowed the discovery of the body to be admissible. Couey isn't going to walk. I think they have way more than enough evidence to convict him without the confession.

__________________
"When they ask us what we're doing,
We say, "living while we're alive""
-- Tim and Nicki Bluhm

WASHINGTON, D.C. (2006-07-25) The House of Representatives approved what was originally titled the Jessica Lunsford Act. It's the work of Ginny Brown-Waite, whose district includes Jessica's Citrus County home.

BROWN-WAITE: The bill requires sex offenders to register before completing their prison sentence, or if there are any states where the person is not serving prison terms, in three days of basically, being sentenced.

Convicted sex offenders must also register within three days of moving to a new residence. And for the first time, probation departments around the nation will be notified of any prior sexual offense against any child. Brown-Waite says she expects the president to sign the bill Thursday.

Thank goodness the judge allowed the discovery of the body to be admissible. Couey isn't going to walk. I think they have way more than enough evidence to convict him without the confession.

To call Couey and animal would be an insult to animals. This is a sub human. The gutter stands far above him. Anyone who would steal a child from her own bed and bury her alive warrants no pity. The horrible thinks he did to her between her kidnapping and her death are to painful and disgusting to even consider. Nobody deserves a needle in his arm more than this lowlife.

If the state of Florida does not convict and execute him, I fear Mark Lunsford would be more than happy to oblige.

He will be convicted someday, the trial was moved to Lake County and they couldn't seat a jury there. Too bad they can't move the trial to San Diego, he would be on Death Row by now.

Move the case to either Texas or Florida. Guarenteed he would fry real soon.
As he should. This is a sub-human something that should NEVER ever be able to live in our society. To call him an animal is kind.

They could always bring the trial to Arizona. I'm sure sherriff Joe would love to have the case here. He wouldn't put up with anything, also neither would any of us. All we would do is convict him on the facts and he would go away for a very very long time.

They could always bring the trial to Arizona. I'm sure sherriff Joe would love to have the case here. He wouldn't put up with anything, also neither would any of us. All we would do is convict him on the facts and he would go away for a very very long time.

SPRINGFIELD, OH -- Mark Lunsford son is expected in an Ohio court today on charges of unlawful sexual conduct with a minor.

Joshua Lunsford recently turned 18. His girlfriend was 14 years old, when the girlfriends mother says she saw Joshua fondle her while they were kissing. Joshua has already pleaded not guilty in the case.

If convicted he could be sentenced to up to a year and a half in prison.

Joshua is the half brother of murdered Citrus County 9-year-old Jessica Lunsford.